Excerpt: ...intiffs' objections to paragraphs 4-5 of defense counsel Pilchman's declaration in support of the opposition (ROA 96) are SUSTAINED. Plaintiffs ask that the FAA be stricken because it is unverified. Subject to exceptions not applicable here, if a complaint is verified, the defendant must verify the answer. (Code Civ. Proc., § 446, subd. (a).) An unverified answer that is required to be verified is subject to motion to strike. (See Code Civ. Proc...

Excerpt: ...s motions for sanctions against specially appearing defendants Robert Hill (“Hill”), Greg Logsdon (“Logsdon”), Southside Ventures, LLC (“Southside”) and Log Hill Properties & Consulting LLC (“Log Hill”) (collectively the “Southside Parties”) are GRANTED IN PART as follows. On November 19, 2019 Plaintiff filed an ex parte application to continue the hearing on the Southside Parties' motion to quash service of the summons and co...

Excerpt: ...s a matter of law because California Labor Code section 1174 does not contemplate a private right of action. Groceryworks is correct.”). “‘[W]hen regulatory statutes provide a comprehensive scheme for enforcement by an administrative agency,'” as with the Labor Code, “ ‘courts ordinarily conclude that the Legislature intended the administrative remedy to be exclusive unless the statutory language or legislative history clearly indicat...

Excerpt: ...ICIAL NOTICE of the existence and filing of the following pleadings in the related case of Guy Yocom Construction, Inc. v. Davis/Reed Construction Inc. (OCSC Case No. 2018-01034744) (the GYC Action): DavisREED Construction, Inc.'s (Davis) Cross-Complaint (ROA 23); and Waterfront Hotel, LLC's (Waterfront) Cross-Complaint (ROA 35). Code of Civil Procedure section 425.16 “provides a procedure for weeding out, at an early stage, meritless claims ar...

Excerpt: ...as noted in the court's Minute Orders of July 9, 2020 and July 10, 2020. Plaintiffs have filed nothing further since the July 9, 2020 hearing. As discussed below, Leonard does not meet his burden of proof. Evidentiary Objections 1. Overruled. 2. Sustained. (Evid. C. §§ 403, 1200, 702, 801-803.) 3. Sustained. (Evid. C. §§ 403, 1200, 702, 801-803.) 4. Sustained. (Evid. C. § 403, 702.) 5. Sustained. (Evid. C. § 403, 702, 801-803, 1200.) 6. Sus...

Excerpt: ...avoiding unseemly conflicts with the courts of other jurisdictions. It should also consider whether the rights of the parties can best be determined by the court of the other jurisdiction because of the nature of the subject matter, the availability of witnesses, or the stage to which the proceedings in the other court have already advanced.” (Farmland Irr. Co. v. Dopplmaier (1957) 48 Cal.2d 208, 215.) While there is overlap between this action...

Excerpt: ...avoiding unseemly conflicts with the courts of other jurisdictions. It should also consider whether the rights of the parties can best be determined by the court of the other jurisdiction because of the nature of the subject matter, the availability of witnesses, or the stage to which the proceedings in the other court have already advanced.” (Farmland Irr. Co. v. Dopplmaier (1957) 48 Cal.2d 208, 215.) While there is overlap between this action...

Excerpt: ...defendant negates any essential element of a particular cause of action. (See Cantu v Resolution Trust Corp. (1992) 4 Cal.App.4th 857, 880.) In ruling on a demurrer, the court accepts as true the facts alleged and inferences therefrom. (Sheehan v San Francisco 49ers, Ltd. (2009) 45 Cal.4th 992, 998; Thompson v Ioane (2017) 11 Cal.App.5th 1180, 1190; Cundiff v GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1405, 125.) However, the court need not assu...

Excerpt: ...f exclusive concurrent jurisdiction, ‘when two [California] superior courts have concurrent jurisdiction over the subject matter and all parties involved in litigation, the first to assume jurisdiction has exclusive and continuing jurisdiction over the subject matter and all parties involved until such time as all necessarily related matters have been resolved.” (People ex rel. Garamendi v. American Autoplan, Inc. (1993) 20 Cal.App.4 th 760, ...

Excerpt: ... defendant KSL Resorts Corporation is dismissed from the lawsuit. When does Plaintiff intend to dismiss the claims against defendant KSL MBR Management II, LLC? 2. As set forth in the 1/23/2020 minute order, Plaintiff must provide an estimate of the low and high recovery of the “aggrieved employees,” and state the amount expected to be received by Plaintiff. Plaintiff has only provided the average recovery of the aggrieved employees. (See Sup...

Excerpt: ... 531, 549.) As to the Settlement 6. Please confirm Plaintiff is the only aggrieved employee. 7. Plaintiff must provide valuations for each component of the PAGA claim so the Court can assess whether the $1,000 allocated to PAGA is fair. Plaintiff must also state the documents it reviewed in determining its valuations. 8. What claims if any remain pending against defendants who are not party to the settlement? 9. Do any of the parties know of any ...

Excerpt: ...d documents of which Defendants seek judicial notice. Judicial notice is granted as to the initial complaint, first amended complaint (“FAC”), and seconded amended complaint (“SAC”) filed by Plaintiffs in this action. (Evid. Code, § 452(d).) Judicial notice is also granted as to Facts 1 through 5. (Evid. Code, § 452(d), (h).) However, judicial notice is denied as to Facts 6 through 10, which are disputed by Plaintiffs. (See Herrera v. D...

Excerpt: ... Heartland Payment Systems, Inc. (2018) 29 Cal.App.5th 725, 732 [internal quotations and citation omitted].) Mandatory intervention is improper. Rubio is unable to establish the second prong of the test. The settlement does not impair or impede Rubio's ability to protect his interests. In particular, if Rubio is unhappy with the settlement he may opt out. Or, if he does not want to opt out, he may object and explain why it is unfair or inadequate...

Excerpt: ...g class sufficiency at the pleading stage and directed that this issue be determined by a motion for class certification. In order to effect this judicial policy, the California Supreme Court has mandated that a candidate complaint for class action consideration, if at all possible, be allowed to survive the pleading stages of litigation.” (Gutierrez v. California Commerce Club (2010) 187 Cal.App.4th 969, 976.) Resolving issues of class certifi...

Excerpt: ...ties shall also provide redline copies of the revised notice and proposed order. A judgment in a PAGA action “binds all those, including nonparty aggrieved employees, who would be bound by a judgment in an action brought by the government.” (Arias v. Superior Court (2009) 46 Cal.4th 969, 986.) Thus, “PAGA settlements are subject to trial court review and approval, ensuring that any negotiated resolution is fair to those affected.” (Willia...

Excerpt: ...' Request for Judicial Notice, Exs. A and B.) A party may demur to a pleading if “[t]here is another action pending between the same parties on the same cause of action.” (Code Civ. Proc., § 430.10(c).) “The theory underlying this defense is that because the first action will normally provide an adequate remedy the second action is unnecessary and vexatious.” (Conservatorship of Pacheco (1990) 224 Cal.App.3d 171, 175.) Such demurrers are...

Excerpt: ..., the complaint need only allege facts sufficient to state a cause of action; each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged.” (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) “What is important is that the complaint as a whole contain sufficient facts to apprise the defendant of the basis upon which the plaintiff is seeking relief.” (Doheny Park Terrace Homeow...

Excerpt: ...e USA, LLC's (“Hearthside”) motion to compel arbitration is GRANTED. The FAA applies to the arbitration agreement. The agreement specifies that the FAA applies. (Mundo Decl., Ex. B, ¶ 1; Rodriguez v. American Technologies, Inc. (2006) 136 Cal.App.4th 1110, 1122.) Moreover, sufficient evidence has been presented that the arbitration agreement concerns interstate commerce. (Allied-Bruce Terminix Companies, Inc. v. Dobson (1995) 513 U.S. 265, 2...

Excerpt: ...e USA, LLC's (“Hearthside”) motion to compel arbitration is GRANTED. The FAA applies to the arbitration agreement. The agreement specifies that the FAA applies. (Mundo Decl., Ex. B, ¶ 1; Rodriguez v. American Technologies, Inc. (2006) 136 Cal.App.4th 1110, 1122.) Moreover, sufficient evidence has been presented that the arbitration agreement concerns interstate commerce. (Allied-Bruce Terminix Companies, Inc. v. Dobson (1995) 513 U.S. 265, 2...

Excerpt: ... matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence ….” (Code Civ. Proc., § 2017.010.) “For discovery purposes, information is relevant if it ‘might reasonably assist a party in evaluating the case, preparing for trial, or facilitating settlement....'” (Gonzalez v. Superior Court (1995) 33 Cal.App.4th 1539, 1546.) “[D]iscovery must be construed liberally in ...

Excerpt: ...rovide a redline copy of the amended notice. A judgment in a PAGA action "binds all those, including nonparty aggrieved employees, who would be bound by a judgment in an action brought by the government." (Arias v. Superior Court (2009) 46 Cal.4th 969, 986.) Thus, “PAGA settlements are subject to trial court review and approval, ensuring that any negotiated resolution is fair to those affected.” (Williams v. Superior Court (2017) 3 Cal.5th 53...

Excerpt: ...on stating facts showing that the actions are complex, as defined by the Judicial Council and that the actions meet the standards specified in Section 404.1.” (Code Civ. Proc., § 404; Ford Motor Warranty Cases (2017) 11 Cal.App.5th 626, 634.) Petitioner has not established the Phan Action is complex. The Phan Action only involves three parties. The complaint filed by Robert Phan alleges that Phan gave Linh and Vy Nguyen a $52,000 loan, which t...

Excerpt: ...sibility is not the test and information, unless privileged, is discoverable if it might reasonably lead to admissible evidence. [Citation.] These rules are applied liberally in favor of discovery [citation], and (contrary to popular belief), fishing expeditions are permissible in some cases.” (Gonzalez v. Superior Court (1995) 33 Cal.App.4th 1539, 1546.) However, “[c]ourts must insist discovery devices be used as tools to facilitate litigati...

Excerpt: ...o this by demonstrating the action has no merit, that plaintiff cannot prove an element of his or her claim, or that it has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc., § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851 (Aguilar).) “Once the defendant meets this burden, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that...

Excerpt: ...ht of public access to the information. (See Oiye v. Fox (2012) 211 Cal.App.4th 1036, 1070.) Further, a substantial probability exists that her right to privacy will be prejudiced if the information is not redacted from the public record. Because the entire Pal Declaration contains sensitive medical information, the proposed sealing is narrowly tailored and there is no less restrictive means to achieve the overriding interest. The Pal Declaration...